Hobart v. Sanborn
Superior Court of New Hampshire
Writ or entry, to recover a tract of land in Campion, in which the plaintiff counted on his seizin in fee and in mortgage. The writ was sued out at the November term of the common pleas, 1841. The defendant pleaded nul disseizin.
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Writ or entry, to recover a tract of land in Campion, in which the plaintiff counted on his seizin in fee and in mortgage. The writ was sued out at the November term of the common pleas, 1841. The defendant pleaded nul disseizin. The plaintiff offered in evidence a mortgage deed from the defendant of the demanded premises, dated December 12th, 1838. The condition of the mortgage was as follows, viz : “ Provided, nevertheless, that if the said Sanborn, his heirs, executors and administrators, shall well and truly pay to the said Charles L. & W. C. Hobart, their heirs, executors and…
1Opinion of the CourtUpham, J.
Exception is taken to the recovery of the plaintiff of the demanded premises, on the ground that there has been no breach of the condition in the deed. But such breach is not essential to entitle the plaintiff to recover, unless it appear expressly, or by necessary implication, that the mortgager should remain in possession. 2 N. H. Rep. 453, Hartshorn vs. Hubbard.
A mortgagee in fee may enter immediately after the execution of the mortgage, put out the mortgager, and receive the profits, if there be no agreement to the contrary ; and if the mortgager refuse to quit, the mortgagee may have…
2Cases cited3 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Hartshorn v. HubbardSuperior Court of New Hampshire · 1822
3Cited by1 opinion
- Chellis v. StearnsSuperior Court of New Hampshire · 1851